The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1887-05-12
A BAD BLuNDER {.

n oAO ONbEns
The Sc Louis Onieiais, the Adams ExDress
People and All Concerned Discover That
They Have No Jurisdletion to Try Messen-
ger Fotherinsham for ComplI city In tAss
Great Express Robbery.
ST.. LOUIS, May I-When the Fothering-
ham case was resumed in the Criminal
Court this morning. 81. c. Springle, con-
ductor OF the robbed train, was called.
He testified last evening that he heard no,
outcry from rOthcringham until st Clair
was reached: that on entering the car he
found him firmly bound, but saw no gag
Fothcringham was cool and composeds
at first the messenger refused to say how
much WAS stolen; but aftorward said 1t.
was about 81, 900 in bills
Fotheringnam WAS reluctant to report
the matter to the company, the conductor
said. The story of the robbery told by
him to the conductor. was repeated by
Fotheringhsm NJ the Southern two weeks
later, without any variation.
CrOss-cxamined this morning, Mr.
Springle sand he knocked at the door of
the express car at Mencke, but received
no answer, and that afterward FOthcring-
ham told him that he heard the knock,
but was afraid TO answer, as Jim Cum
mings was holding q pistol to his head
FOthcringham, he said, was tiled TO stay,'H
his hands fastened first with handker--
chief, and then securely bound with stout.
cords On top OF the safe to which he was,
bound, casting, weighing about thirty
five pounds, was found, so fastened that
if Fotheringham moved 1T would fall and
crush him.
At ST Clair, where Fnther,ngham was
unbound the witness told the telegraph
operator in the presence Of FOthcring-
ham to &c cgraph full particulars of the
robbery. At The investigation held by
the express people, the witness was i'm
pressed with the idea that the company
was seeking to connect hun with the rob-
berry.
The witness was asked II from what he
had seen on the night Of the robbery and all
| through The case he WAS not satisfied that
| FOthcrIngham was innocent and had SO.
| stated.
The state objected and the court ruled it.
out.
After James Barrett, route agent of the
| express company, h:ld given his testimony.
! Circuit Attorney Glover ANNOUNCED that.
| the State would stand on the count OF the
| Indictment charging him with taking the,
money but not with receiving the stolen
| property.
! Judge NoTmile ordered the Sheriff to re-
move the jury, and after they retired he
/ asked Circuit Attorney Glover if the State
had any other evidence except that the al
| legged Offense was committed at Oak
Ridge, in St. Louis county.
Mr.. Glover said he had not, and claimed
| jurisdiction simply from section 1906
Judge Normile said:
THE view the court takos of that
statute is not a doubtful one. regret
that this case has gone so far.
sit is an old principle of common law.
! that ofrcnses must be tried in the vIcinage
| where they were committed, and the
earliest juries were confined to eye wit
nesse5.
''The in Iictmcnt in this case is evident
~ founded on the supposed validity of sec
ton 1886. which authorizes prosecution
for an Offcnse committed on a railroad car
i'll any county through which the car IN ay
run. This particular section has never
been passed upon, but section 1901 has
been declared unconstitutional, and they
are alike in principle, us each declares
that offenses may be prosecuted IN diff
fcrcnt county from where the Offense was
committed.
'Since the money was not taken from
the express car in the city of st. Louis moi
any part Ol IL tAio NY "
the defendant, this court has no jurisdic-
tiOn. The case must be dismissed here
and trans ferred to st. Louis county"
The jury WAS then called in and Judge
Normile instructed them to acquit Foth-
eringham on the ground Of want Of juris-
dictIon.
Mcssrs Harvey and Johnson objected
End their exceptions were noted.
The jury retired and returned with tho
verdict as directed by the court.
Circuit Attorney Clover said there was
Il second indictment against the defend
ant covering the same ground, and he
would nOlle pros. it
NJ. Clover then asked tho court to hold
Fotnerihgham under bond TO answer any
indictment that might DO brought IN ST.
Louis County.
Judge Normile said he had no authority
} to take such action, and the defendant
| was discharged, Circuit Attorney Clover
stating that he would call the attention or
Prosecutor Warfeld, of st. Louis County,
to the matter.